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Ord 2020 - Amending Chapters 1 and 2 of the Town Code to improve and clarify Town procedures and allow misdemeanor prosecution in certain instancesORDINANCE 2020 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTERS 1 AND 2 OF THE TOWN CODE TO IMPROVE AND CLARIFY TOWN PROCEDURES AND ALLOW MISDEMEANOR PROSECUTION IN CERTAIN INSTANCES THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I "Delegation of authority" as defined in Section 1.10.015 is amended to read as follows: Delegation of authority. Whenever a provision appears that requires or allows an officer of the Town to do some act or make certain inspections, it is to be construed to authorize the officer to designate, delegate, and authorize subordinates to perform the act or make the inspection unless the terms of the provision or section provide otherwise. SECTION II "Shall, may" as defined in Section 1.10.015 is amended to read as follows: Shall, may. The word "shall" is mandatory, and the word "may" is permissive. However, the use of "shall" in connection with a direction to any public officer or employee is not intended to nor shall it be construed to impose upon the officer or employee a mandatory duty as defined in the California Tort Claims Act to give rise to liability to a third party, but is intended instead as direction and policy from the Town Council. SECTION III Section 1.10.025(b) is amended to read as follows: (b) Unless otherwise provided in the repealing ordinance, the repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed, nor any debt to the Town incurred before the repeal took effect. SECTION IV Section 1.10.40 is amended to read as follows: Sec. 1.10.040. General penalty; continuing violations. (a) Whenever in this Code or in any other ordinance of the Town or in any rule, regulation or order issued or promulgated pursuant thereto any act is prohibited or is made or declared to be unlawful or an offense or the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision shall constitute an infraction, and the penalties therefor shall be those specified by Government Code section 36900(b). Where a violation is specifically declared to be a misdemeanor, it shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or the imprisonment for a term not exceeding six (6) months or by both such fine and imprisonment. Any violation, whether infraction or misdemeanor, may also be redressed by civil action. Violation of any section of this Code is also declared to be a public nuisance. (b) Notwithstanding Subsection (a) above, it is unlawful and a misdemeanor for any person to willfully and knowingly violate any provision or to willfully and knowingly fail to comply with any of the requirements of the Code. A willful and knowing violation or failure to comply is one that occurs after the person has been informed that certain conduct is in violation of this Code and continues the unlawful conduct. (c) The arresting officer or prosecutor may elect to charge an offense that constitutes a misdemeanor under Subsection (b) above as an infraction if the officer or prosecutor identifies mitigating circumstances to justify such a reduced charge in writing. Such mitigating circumstances may include, but are not limited to, insignificant impact on the public or a victim, lack of comprehension by the violator, or prompt correction of or restitution to the victim for the violation. The reasons for a reduced charge shall be indicated on the citation or report and filed with the Town Attorney. The Court may also reduce the charge to an infraction upon a finding of mitigating circumstance or as a condition of probation and sentencing. (d) Every day any violation of this Code or any other ordinance of the Town or any such rule, regulation or order shall continue shall constitute a separate offense. SECTION V Section 1.10.080 is amended to read as follows: Sec. 1.10.080. Same -- Effect on Town operations. The offices of the Town shall be closed on Saturdays, Sundays and on those holidays designated in section 1.10.075; provided, that police and other safety and emergency services shall be performed on Saturdays, Sundays, and holidays, and the working schedule for employees in any department may be so arranged as to make Saturdays or Sundays a regular working day. Employee compensation for holidays shall be regulated under the Town personnel rules adopted pursuant to the provisions of article III, division 6 of chapter 2 of this Code or applicable memorandum of understanding. SECTION VI Section 2.20.010 is amended to read as follows: Sec. 2.20.010. Meetings -- Time. The regular meetings of the Town Council will be on the first and third Mondays of each month at 7:30 p.m.; however, when the day fixed for any regular meeting of the Town Council falls upon a day designated by law as a legal or national holiday, the meeting will be held on the next succeeding day not a holiday. The Town Council may cancel a regular meeting by a vote of a majority of the Council. The Town Council may establish additional regular meetings by adopting a calendar of scheduled meetings at least thirty (30) days prior to such meetings. A current, adopted calendar of Council meetings shall be posted in the office of the Town Cleric. SECTION VII Section 2.20.015 is amended to read as follows: Sec. 2.20.015. Same --Place. All regular meetings of the Town Council shall be held in the Council chamber in the Town Hall in the Town, unless the Council chamber is not usable for a public meeting, in which case the Council may establish an alternative meeting place in the Town limits. SECTION VIII Section 2.30.905 is amended to read as follows: Sec. 2.30.905. Definitions. For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section: Competitive service shall include all employees of the Town other than temporary, provisional, confidential, and management personnel and elected officials. Confidential employees are those so designated by the Town Manager, based on those employees' responsibilities in personnel, labor relations, legal, and management support areas. Disciplinary action shall mean any action taken solely on the basis of employee misconduct and which results in a loss of pay and /or benefits to the employee. Hourly employees shall be those employees who do not work in Town employment more than one thousand (1,000) hours during any twelve -month period. Management employees shall be those designated by the Town Council in the adoption of the Town management compensation plan. Permanent employees are those who have successfully completed their probationary period and have been retained with permanent status, as provided in the Town personnel rules. Probationary employees are those who are serving in the probationary period of employment upon original or promotional appointment as defined in the Town personnel rules. Provisional employees are those who are appointed as such as provided in the Town persomiel rules. Temporary employees are those whose term of service to the Town does not exceed one thousand forty (1,040) hours during any consecutive twelve -month period. SECTION IX Section 2.30.905 is amended to read as follows: Sec. 2.30.915. Applicability of division. The provisions of this division shall apply to members of the competitive service, which includes all employees of the Town except the following: (1) Elective officers and their duly appointed deputies. (2) Members of appointive boards, commissions and committees. (3) Persons engaged under contract. (4) Volunteer personnel who receive no regular compensation from the Town. (5) The Town Manager, department heads; management employees; the Town Attorney; and the Tax and License Collector. (6) Confidential, hourly, temporary, and provisional employees. SECTION X New Subsections (b)(5) and (b)(6) are added to Section 2.5 0.13 as follows: (5) The Town Council or the Purchasing Agent finds that the services being purchased are clearly professional in nature, such as accounting, legal, planning, or architectural, and the selection of the contractor should be based on the quality and history of the contractor in addition to the price offered. (6) State or Federal law forbids selection on the basis of lowest responsible bidder alone. SECTION XI This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 5, 1996 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on September 16, 1996. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway. NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF E TOWN OF S GATOS LOS GATOS, CALIFORNIA ATTEST: ZR CLERK OF THE TOWN OF L S GATOS LOS GATOS, CALIFORNIA